General Terms and Conditions of Use Reflextime & Reflexcare

These Terms constitute a legal agreement between the User and the company REFLEXTIME COMPANY for the use of the REFLEXCARE instruments and the REFLEXCARE mobile application, available for download on the Play Store (Android) or the App Store (Apple).

The REFLEXCARE mobile application is published and operated by the company REFLEXTIME COMPANY, located at 154 chemin du puy l’orme 63112 Blanzat France, registered under the number 947852083.

The use of all or part of the Mobile Application constitutes full and unreserved acceptance of these General Terms and Conditions of Use by the User.

DEFINITIONS

In the General Terms and Conditions, the terms below shall have the following meanings:

Application: the REFLEXCARE mobile application downloadable from the Play Store (Android) or the App Store (Apple).

Services: the application and its features.

User: a natural person acting in a professional capacity, typically a rehabilitation professional.

FEATURES

The Application allows Users, as functional rehabilitation professionals, to access an extensive library of exercises designed to deliver dual-task physical rehabilitation. A feature of the application provides users with the ability to program their own physical exercises and rehabilitation games and share them with the community. Finally, practitioners can maintain a history of completed exercises, evaluate, and track their patients' progress.

Class I Medical Device Validation Trial

Reflexcare is currently undergoing Class I Medical Device validation.

USE OF SERVICES

Account Creation

Using the REFLEXCARE mobile application requires the creation of a user account. This user account notably allows for:

Access to the application and its library of exercises,
Access to the application's database,
Access to the management of application features and the creation of customizable exercises,
Access to password recovery in the event of loss or forgetfulness.

Account Deletion

Users may request the deletion of their account at any time by contacting: contact@reflextime.fr

REFLEXTIME COMPANY reserves the right to terminate or suspend any account, or to utilize operational, technological, legal, or other measures in the event of non-compliance with the Terms of Use (including blocking specific IP addresses) at any time, without incurring liability, and without prior notice to the users concerned.

DATA PROCESSING

Please refer to the REFLEXTIME COMPANY privacy policy for information regarding the nature of the data processed by the REFLEXCARE mobile application.

Patients' personal data collected by the User is processed under the sole responsibility of the User. The User is responsible for obtaining consent from their patients for the processing of their data. The User is responsible for informing their patients of their rights.

When the User uses REFLEXTIME COMPANY's paid services to store data (subscription), the User is responsible for informing and obtaining consent from their patients for the processing of their data.

PERSONAL DATA

User Notification in the Event of a Security Breach

REFLEXTIME COMPANY undertakes to implement all appropriate technical and organizational measures to ensure a level of security appropriate to the risks of accidental, unauthorized, or unlawful access, disclosure, alteration, loss, or destruction of personal data.

In the event that REFLEXTIME COMPANY becomes aware of unlawful access to personal data stored on its servers or those of its service providers, or of unauthorized access resulting in the occurrence of the risks identified above.

Limitation of Liability

Under no circumstances shall the commitments defined in the section above regarding notification in the event of a security breach be construed as an admission of fault or liability regarding the occurrence of the incident in question.

Please also refer to the REFLEXTIME COMPANY privacy policy.

LIABILITY

Access to Services

REFLEXTIME COMPANY makes every reasonable effort to ensure the proper operation of the services. For maintenance and/or improvement purposes, these services may be suspended for short periods. However, REFLEXTIME COMPANY is held only to an obligation of best efforts (obligation de moyens) and shall not be held liable for any direct or indirect damages resulting from the interruption, suspension, modification, or malfunction of the Services.

User Conduct

The use of the Services is at the Users' own risk, and Users are solely responsible for their actions. REFLEXTIME COMPANY disclaims all liability regarding User conduct.

Users must use REFLEXCARE devices and the Application solely for their intended purpose. In doing so, users must follow the instructions provided by REFLEXTIME COMPANY.

Available Information

REFLEXTIME COMPANY shall not be held liable for any use made of the information provided on the Application, nor for any legal and/or financial consequences that may arise from the use of such information.

Loss of Data

REFLEXTIME COMPANY cannot be held liable for any loss of data provided through the Services by Users.

External Links

The content of the Services may contain links to third-party websites or resources. REFLEXTIME COMPANY is not responsible for:

Neither the availability or accuracy of such sites or resources
Nor the content, products, or services available on or from such sites or resources

The display of hyperlinks to external websites or sources does not in any way constitute an endorsement by REFLEXTIME COMPANY of the content of these sites or sources. Users assume full responsibility for their use of such sites or sources.

Several cases may arise when using the application:

Case 1: The user employs an exercise already existing in the Reflexcare application directory; REFLEXTIME COMPANY holds the intellectual property rights pertaining to these exercises. The user remains responsible for the selection and implementation of the exercises.
Case 2: The user creates their own exercises within the application to optimize rehabilitation and tailor it to the pathology and characteristics of their patient, wishing to integrate it into their exercise directory. They are therefore responsible for the creation and use of these exercises.
Case 3: The user creates their own exercises within the application and wishes to share them with the user community. In this case, a REFLEXTIME COMPANY healthcare professional will review the exercise content to determine whether or not to distribute it to all users. If the exercise is made public, it will subsequently become the property of REFLEXTIME COMPANY.

The reproduction of all or part of this content (other than what is technically necessary to consult it) on any medium whatsoever is strictly prohibited.

The reproduction of all or part of the application is also strictly prohibited.

The Application is protected by cryptography. The unlawful removal or neutralization of any technical device protecting the application is subject to the penalties provided for infringement.

Any use of the application's content in violation of these provisions constitutes infringement within the meaning of Article L335-2 of the French Intellectual Property Code. In addition to civil damages, this can be criminally punishable by a fine of €300,000 and/or 3 years of imprisonment. For other uses, please contact REFLEXTIME COMPANY.

MISCELLANEOUS

The user acknowledges possessing the competence and technical means necessary to use the application.

REFLEXTIME COMPANY reserves the right to modify, change, or update the Terms of Use at any time.

Where applicable, modifications will appear on this page, and the effective date of the updates will be indicated at the bottom of these Terms of Use.

By continuing to use the Services following any modification, the User will be bound by the updated Terms of Use.

The failure of either Party to enforce its rights under any provision of the Terms of Use shall in no way affect the right to enforce them subsequently, at any time.

The failure of either Party to invoke a breach of any provision of the Terms of Use shall constitute neither a waiver of the right to invoke such breach or a subsequent breach in the future, nor a waiver of the provision itself.

Any practice that deviates from the provisions of the Terms of Use, even if continued over a period of time, shall not prevent either Party from demanding the strict and literal application of the provisions of the Terms of Use.

If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be deemed severable, and the remaining provisions shall remain in full force and effect.

APPLICABLE LAW AND JURISDICTION – LANGUAGE

The Terms of Use are governed by French law, and more specifically by the courts of Clermont-Ferrand.

Subject to the applicable public policy provisions regarding jurisdiction, the courts of Clermont-Ferrand shall have exclusive jurisdiction over any dispute relating to the Terms of Use, including, but not limited to, any dispute regarding their validity, interpretation, performance, and/or termination and the consequences thereof.

In the event of any discrepancy in interpretation, only the French version of the Terms of Use shall prevail.